Filing a charge of discrimination can seem daunting if you don’t have the right resources in front of you. There are many ways you can report your case and find compensation. Below are some of the options you have to file a complaint and protect your rights.
What counts as workplace discrimination?
Unfortunately, not all unfair treatment counts as discrimination. Discrimination occurs when an employee is unfairly treated based on a protected characteristic. These protected categories include:
- Race
- Color
- National origin
- Sex (including pregnancy, sexual orientation, and gender identity)
- Religion
- Age (40 and older)
- Disability
- Genetic information
It is illegal to discriminate against someone for these reasons under federal and state law. It also covers unfair treatment like firing and withholding wages as retaliation for previous complaints.
Report the discrimination internally
Many companies have policies requiring employees to report discrimination to HR or a designated supervisor before taking further action.
- Review your employee handbook for guidance on the reporting process.
- File an internal complaint in writing, clearly explaining what happened and how it violated company policies or laws.
Reporting internally gives your employer an opportunity to address the issue and shows that you tried to resolve it before reporting higher up.
File the complaint with a government agency
If internal reporting doesn’t resolve the issue—or if you fear retaliation—you can file a formal complaint with a government agency. In Texas, there are two main options:
-
Texas Workforce Commission (TWC)
If you live and work in Texas, we recommend you file with the TWC. Being a state agency, they have less on their plate than federal agencies and your complaint will automatically be dual-filed with the EEOC anyways.
- Filing Deadline: Within 180 days of the last discriminatory act. Within 300 days for sexual harassment cases
- How to File:
- Complete an intake form online
- Submit a complaint by email to EEOintake@twc.texas.gov
- Send your complaint by postal mail to
Texas Workforce Commission
Civil Rights Division
101 E 15th St, Guadalupe CRD
Austin, TX 78778-0001
2. Equal Employment Opportunity Commission (EEOC)
If you are not in the state of Texas and/or missed the deadline for the TWC, you may want to file with the EEOC which handles cases nationwide.
- Filing Deadline: Within 180 days of the last discriminatory act
- How to File:
- Online at the EEOC Public Portal
- In person at an EEOC field office
- Call the EEOC at 1-800-669-4000
- Send a written complaint by mail to one of their offices
The process after filing a charge generally looks the same for each agency. After the complaint has been filed, the agency will notify the employer of the complaint and try for mediation to resolve the issue without going to court. The TWC is usually quicker to get to mediation than the EEOC.
If mediation doesn’t work, then an investigation will begin where the agency will gather evidence, interview witnesses and ask both you and your employer for more information. This process can last up to a few months and will result in the agency’s decision on whether a violation has been found.
Consult an attorney
Workplace discrimination cases can be complex, and having an experienced attorney can make all the difference. An attorney who knows the ins-and-outs of the process can help you get your complaint filed quickly and smoothly. If a lawsuit is what you’re looking for, you’ll definitely need an employment discrimination lawyer who is familiar with the nuances of the field. But before filing a suit, you must receive a Notice of Right to Sue from the EEOC or TWC.
Dallas employment discrimination lawyers at Carter Law Group are ready to build a strong and effective case for you. Call 214-390-4173 or fill out our questionnaire for a free consultation.
